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The Open Mic, Unplugged: Challenges To Viewpoint-Based Constraints On Public-Comment Periods, Frank D. LoMonte, Clay Calvert 2018 University of Florida Levin College of Law

The Open Mic, Unplugged: Challenges To Viewpoint-Based Constraints On Public-Comment Periods, Frank D. Lomonte, Clay Calvert

UF Law Faculty Publications

Perhaps the purest form of citizen political expression is addressing a government body directly during the public-comment period. Despite its salutary civic benefits, the public-comment period faces escalating threats, with local elected officials imposing rigid controls on speakers. Disturbingly, these rules sometimes are enforced via arrest. The U.S. Supreme Court recently confronted this scenario in Lozman v. City of Riviera Beach, involving the arrest of a citizen-critic who refused to stop using his city council's open-mic period to decry public corruption. While narrowly fact-specific, the Court's June 2018 resolution of the case reaffirms the importance of protecting speakers at …


Thinking About The South Dakota Constitution, Jonathan Van Patten 2018 University of South Dakota

Thinking About The South Dakota Constitution, Jonathan Van Patten

Faculty Publications

No abstract provided.


Rapid Dna Testing And Virginia's Rape Kit Backlog: A Double-Edged Sword Masquerading As A Miracle, Or The Future Of Forensic Analysis?, Emma C. Greger 2018 University of Richmond - School of Law

Rapid Dna Testing And Virginia's Rape Kit Backlog: A Double-Edged Sword Masquerading As A Miracle, Or The Future Of Forensic Analysis?, Emma C. Greger

Law Student Publications

While Rapid DNA technology has the potential to revolutionize every aspect of the criminal justice system, from arrest to the postconviction appeals process, there has been particular excitement centered around its potential to reduce the rape kit backlog.


Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps 2018 University at Buffalo Law School (SUNY)

Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps

Indiana Law Journal

This essay examines the controversy regarding confederate monuments and attempts to contextualize this debate within the current preservation framework. While much attention has been paid to this topic over the past year, particularly with regard to “public” monuments, such discussion has generally failed to recognize the varied and complicated property law layers involved—which can fundamentally change the legal requirements for modification or removal. We propose a spectrum or framework for assessing these resources ranging from public to private, and we explore the messy space in-between these poles where most monuments actually fall. By highlighting these categories, we provide an initial …


Commercial Transactions, John Krahmer 2018 Texas Tech University

Commercial Transactions, John Krahmer

SMU Annual Texas Survey

No abstract provided.


Criminal Procedure: Confessions, Searches, And Seizures, Honorable Michael E. Keasler, Benjamin S. Brown 2018 Texas Court of Criminal Appeals

Criminal Procedure: Confessions, Searches, And Seizures, Honorable Michael E. Keasler, Benjamin S. Brown

SMU Annual Texas Survey

No abstract provided.


Civil Procedure: Pre-Trial & Trial, Amanda Sotak, Andrew C. Whitaker, Timothy Daniels, Amber D. Reece 2018 Figari + Davenport, LLP

Civil Procedure: Pre-Trial & Trial, Amanda Sotak, Andrew C. Whitaker, Timothy Daniels, Amber D. Reece

SMU Annual Texas Survey

No abstract provided.


Bankruptcy, Honorable Harlin D. Hale, Chance Hiner 2018 Northern District of Texas

Bankruptcy, Honorable Harlin D. Hale, Chance Hiner

SMU Annual Texas Survey

No abstract provided.


Family Law, Anna K. Teller, Donald E. Teller Jr. 2018 Teller Law Firm, P.C.

Family Law, Anna K. Teller, Donald E. Teller Jr.

SMU Annual Texas Survey

No abstract provided.


Insurance Law, J. Price Collins, John C. Scott, Blake H. Crawford 2018 Wilson Elser, LLP

Insurance Law, J. Price Collins, John C. Scott, Blake H. Crawford

SMU Annual Texas Survey

No abstract provided.


Franchise Law, Deborah S. Coldwell, Iris Gibson, Virginia Burke DeBeer, Sally Dahlstrom 2018 Haynes and Boone, LLP

Franchise Law, Deborah S. Coldwell, Iris Gibson, Virginia Burke Debeer, Sally Dahlstrom

SMU Annual Texas Survey

No abstract provided.


Professional Liability, Evan A. Kirkham, Derrick R. Ward, Lance G. Henderson 2018 Carrington Coleman

Professional Liability, Evan A. Kirkham, Derrick R. Ward, Lance G. Henderson

SMU Annual Texas Survey

No abstract provided.


Partnership Law, Jeff Dorrill, Matthew Schindel, Troy Christensen, Kate Ortbahn, Josiah Bethards 2018 Haynes and Boone, LLP

Partnership Law, Jeff Dorrill, Matthew Schindel, Troy Christensen, Kate Ortbahn, Josiah Bethards

SMU Annual Texas Survey

No abstract provided.


Real Property, J. Richard White, G. Roland Love, Amanda Grainger 2018 Winstead PC

Real Property, J. Richard White, G. Roland Love, Amanda Grainger

SMU Annual Texas Survey

No abstract provided.


A Guide To Understanding And Addressing Vacant Property In The City Of St. Louis, Dana M. Malkus 2018 Saint Louis University School of Law

A Guide To Understanding And Addressing Vacant Property In The City Of St. Louis, Dana M. Malkus

Faculty White Papers

The City of St. Louis has a serious vacant property challenge. Since the population peak in 1950, the City has experienced a 63% decline in population and now has one of the highest rates of vacancy in the nation. The City has approximately 25,000 vacant properties. Approximately 12,000 of these are owned by the Land Reutilization Authority (LRA) or other public agencies, which means that approximately 13,000 are privately owned. Most of those vacant properties are concentrated in the north and southeast portions of the City. For a city of its size, the City has "an extremely large" number of …


The Keys To The Kingdom: Judges, Pre-Hearing Procedure, And Access To Justice, Colleen F. Shanahan 2018 Columbia Law School

The Keys To The Kingdom: Judges, Pre-Hearing Procedure, And Access To Justice, Colleen F. Shanahan

Faculty Scholarship

Judges see themselves as – and many reforming voices urge them to be – facilitators of access to justice for pro se parties in our state civil and administrative courts. Judges’ roles in pro se access to justice are inextricably linked with procedures and substantive law, yet our understanding of this relationship is limited. Do we change the rules, judicial behavior, or both to help self-represented parties? We have begun to examine this nuanced question in the courtroom, but we have not examined it in a potentially more promising context: pre-hearing motions made outside the courtroom. Outside the courtroom, judges …


Bridging The Safe Drinking Water Gap For California’S Rural Poor, Camille Pannu 2018 Columbia Law School

Bridging The Safe Drinking Water Gap For California’S Rural Poor, Camille Pannu

Faculty Scholarship

Spurred by decades of inaction and continued exposure to unsafe drinking water, community leaders from California’s disadvantaged communities (DACs) advocated for the creation of a human right to water under state law. Shortly thereafter, the California Legislature put forward a bond to finance much needed water infrastructure improvements and drought relief interventions across the state. Voters approved the $7.45 billion bond, which reserved millions of dollars of funding for DACs with persistent water quality problems. In setting aside those funds, the Legislature acknowledged that decades of disinvestment in rural, disadvantaged communities had created severe water contamination, limited water access, and …


State Public-Law Litigation In An Age Of Polarization, Margaret H. Lemos, Ernest A. Young 2018 Duke Law School

State Public-Law Litigation In An Age Of Polarization, Margaret H. Lemos, Ernest A. Young

Faculty Scholarship

Public-law litigation by state governments plays an increasingly prominent role in American governance. Although public lawsuits by state governments designed to challenge the validity or shape the content of national policy are not new, such suits have increased in number and salience over the last few decades — especially since the tobacco litigation of the late 1990s. Under the Obama and Trump Administrations, such suits have taken on a particularly partisan cast; “red” states have challenged the Affordable Care Act and President Obama’s immigration orders, for example, and “blue” states have challenged President Trump’s travel bans and attempts to roll …


Changing Hearts, Minds, And Structures: Advancing Equity And Health Equity In State Government Policies, Operations, And Practices In Minnesota And Other States, Susan R. Weisman, Ayah Helmy, Vayong Moua, Julie Ralston Aoki 2018 Mitchell Hamline School of Law

Changing Hearts, Minds, And Structures: Advancing Equity And Health Equity In State Government Policies, Operations, And Practices In Minnesota And Other States, Susan R. Weisman, Ayah Helmy, Vayong Moua, Julie Ralston Aoki

Mitchell Hamline Law Review

No abstract provided.


Front Matter, 2018 Southern Methodist University

Front Matter

SMU Annual Texas Survey

No abstract provided.


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